List of tie-breaking votes cast by the vice president of the United States
The vice president of the United States is the ex officio president of the Senate, as provided in Article I, Section 3, Clause 4, of the United States Constitution, but may only vote in order to break a tie. According to the U.S. Senate, as of December 21, 2018, a tie-breaking vote had been cast 268 times by 36 vice presidents.
The following is the list of tie-breaking votes cast by vice presidents of the United States.
Historical significance
The first president of the Senate, John Adams, cast 29 tie-breaking votes. He cast his first tie-breaking vote on July 18, 1789. His votes protected the president's sole authority over the removal of appointees, influenced the location of the national capital, and prevented war with Great Britain. On at least one occasion he persuaded senators to vote against legislation that he opposed, and he frequently lectured the Senate on procedural and policy matters. Adams's political views and his active role in the Senate made him a natural target for critics of the Washington administration. Toward the end of his first term, as a result of a threatened resolution that would have silenced him except for procedural and policy matters, he began to exercise more restraint in the hope of realizing the goal shared by many of his successors: election in his own right as President of the United States.In 2001, during the 107th Congress, the Senate was divided 50–50 between Republicans and Democrats and thus Dick Cheney's tie-breaking vote gave the Republicans the Senate majority. However, because the 107th Congress was sworn in on January 3, while the president and vice president were not sworn in until the 20th, Democrats technically held a 51–50 majority in the Senate for the 17 days while Al Gore was still the vice president. However, no substantive legislative work was done during that time.
Mike Pence cast six tie-breaking votes during his first year in office, the most for any vice president. He broke a tie with John Adams, William Wheeler, and Alben Barkley, who all cast four tie-breaking votes within their first year. This was also the most tie-breaking votes in any single year since 1872, when there were seven cast by Schuyler Colfax during the Grant administration. He tied Colfax's single-year record in 2018 when he cast seven tie-breaking votes. Pence has cast the most tie-breaking votes of any vice president since Schuyler Colfax.
In recent years, the increased threat of a filibuster has led to a rise in the use of cloture to end debate in the Senate, especially on high-profile issues where the Senate is sharply divided, thus rendering the vice president's tie-breaking vote increasingly unnecessary or unhelpful, since the invocation of cloture requires a three-fifths majority, rather than a simple one. However, the cloture requirement was reduced to a simple majority for all executive and judicial nominations in 2013, which led to the first ever use of a tie-breaking vote to confirm a Cabinet member when Pence broke a tie to confirm Betsy DeVos in 2017. In 2018, Pence broke a tie to confirm Jonathan A. Kobes for the Court of Appeals for the Eighth Circuit. This was the first ever tie-breaking vote to confirm a judicial nominee in U.S. history.
In addition, since legislation or nominations will fail to be passed or confirmed in the event of a tie, there is little reason for a "Nay" tie-breaking vote, even though it has happened; the last tie-breaking "Nay" vote was cast by George H. W. Bush in 1986.
In general, tie-breaking votes have become less common over time, both in terms of absolute frequency and in terms of the average number of such votes cast by individual vice presidents. More tie-breaking votes were cast by the first 12 vice presidents in the 61 years from 1789 to 1850 than have been cast by the 36 vice presidents in the 168 years since then.
List of vice presidents by number of tie-breaking votes
As of December 21, 2018, there have been 268 tie-breaking votes cast by 36 vice presidents while 12 others did not cast any votes. The average number of tie-breaking votes cast by a vice president may be considered to be 0, 3, or about 5.5.Rank by number of tie- breaking votes | Number of tie- breaking votes | President of the Senate | Party | Order in office | Term of office | President |
1 | 31 | John C. Calhoun | Democratic-Republican | 7 | 4 Mar 1825 – 28 Dec 1832 | J. Q. Adams / Andrew Jackson |
2 | 29 | John Adams | Federalist | 1 | 21 Apr 1789 – 4 Mar 1797 | George Washington |
3 | 19 | George Dallas | Democratic | 11 | 4 Mar 1845 – 4 Mar 1849 | James K. Polk |
4 | 18 | Schuyler Colfax | Republican | 17 | 4 Mar 1869 – 4 Mar 1873 | Ulysses S. Grant |
5 | 14 | George Clinton | Democratic-Republican | 4 | 4 Mar 1805 – 20 Apr 1812 | Thomas Jefferson / James Madison |
5 | 14 | Richard M. Johnson | Democratic | 9 | 4 Mar 1837 – 4 Mar 1841 | Martin Van Buren |
7 | 13 | Mike Pence | Republican | 48 | 20 Jan 2017 – present | Donald Trump |
8 | 10 | John C. Breckinridge | Democratic | 14 | 4 Mar 1857 – 4 Mar 1861 | James Buchanan |
9 | 9 | Elbridge Gerry | Democratic-Republican | 5 | 4 Mar 1813 – 23 Nov 1814 | James Madison |
9 | 9 | Thomas R. Marshall | Democratic | 28 | 4 Mar 1913 – 4 Mar 1921 | Woodrow Wilson |
11 | 8 | Alben W. Barkley | Democratic | 35 | 20 Jan 1949 – 20 Jan 1953 | Harry S. Truman |
11 | 8 | Richard M. Nixon | Republican | 36 | 20 Jan 1953 – 20 Jan 1961 | Dwight D. Eisenhower |
11 | 8 | Dick Cheney | Republican | 46 | 20 Jan 2001 – 20 Jan 2009 | George W. Bush |
14 | 7 | Hannibal Hamlin | Republican | 15 | 4 Mar 1861 – 4 Mar 1865 | Abraham Lincoln |
14 | 7 | George H. W. Bush | Republican | 43 | 20 Jan 1981 – 20 Jan 1989 | Ronald Reagan |
16 | 6 | Daniel D. Tompkins | Democratic-Republican | 6 | 4 Mar 1817 – 4 Mar 1825 | James Monroe |
16 | 6 | William A. Wheeler | Republican | 19 | 4 Mar 1877 – 4 Mar 1881 | Rutherford B. Hayes |
18 | 4 | Martin Van Buren | Democratic | 8 | 4 Mar 1833 – 4 Mar 1837 | Andrew Jackson |
18 | 4 | Levi P. Morton | Republican | 22 | 4 Mar 1889 – 4 Mar 1893 | Benjamin Harrison |
18 | 4 | James S. Sherman | Republican | 27 | 4 Mar 1909 – 30 Oct 1912 | William H. Taft |
18 | 4 | Henry A. Wallace | Democratic | 33 | 20 Jan 1941 – 20 Jan 1945 | Franklin D. Roosevelt |
18 | 4 | Hubert H. Humphrey | Democratic | 38 | 20 Jan 1965 – 20 Jan 1969 | Lyndon B. Johnson |
18 | 4 | Al Gore | Democratic | 45 | 20 Jan 1993 – 20 Jan 2001 | Bill Clinton |
24 | 3 | Thomas Jefferson | Democratic-Republican | 2 | 4 Mar 1797 – 4 Mar 1801 | John Adams |
24 | 3 | Aaron Burr | Democratic-Republican | 3 | 4 Mar 1801 – 4 Mar 1805 | Thomas Jefferson |
24 | 3 | Millard Fillmore | Whig | 12 | 4 Mar 1849 – 9 Jul 1850 | Zachary Taylor |
24 | 3 | Chester A. Arthur | Republican | 20 | 4 Mar 1881 – 19 Sep 1881 | James A. Garfield |
24 | 3 | Charles Curtis | Republican | 31 | 4 Mar 1929 – 4 Mar 1933 | Herbert Hoover |
24 | 3 | John N. Garner | Democratic | 32 | 4 Mar 1933 – 20 Jan 1941 | Franklin D. Roosevelt |
30 | 2 | Adlai Stevenson | Democratic | 23 | 4 Mar 1893 – 4 Mar 1897 | Grover Cleveland |
30 | 2 | Charles G. Dawes | Republican | 30 | 4 Mar 1925 – 4 Mar 1929 | Calvin Coolidge |
30 | 2 | Spiro T. Agnew | Republican | 39 | 20 Jan 1969 – 10 Oct 1973 | Richard M. Nixon |
33 | 1 | Henry Wilson | Republican | 18 | 4 Mar 1873 – 22 Nov 1875 | Ulysses S. Grant |
33 | 1 | Garret A. Hobart | Republican | 24 | 4 Mar 1897 – 21 Nov 1899 | William McKinley |
33 | 1 | Harry S. Truman | Democratic | 34 | 20 Jan 1945 – 12 Apr 1945 | Franklin D. Roosevelt |
33 | 1 | Walter F. Mondale | Democratic | 42 | 20 Jan 1977 – 20 Jan 1981 | Jimmy Carter |
37 | 0 | John Tyler | Whig | 10 | 4 Mar 1841 – 4 Apr 1841 | William H. Harrison |
37 | 0 | William R. King | Democratic | 13 | 4 Mar 1853 – 18 Apr 1853 | Franklin Pierce |
37 | 0 | Andrew Johnson | National Union | 16 | 4 Mar 1865 – 15 Apr 1865 | Abraham Lincoln |
37 | 0 | Thomas A. Hendricks | Democratic | 21 | 4 Mar 1885 – 25 Nov 1885 | Grover Cleveland |
37 | 0 | Theodore Roosevelt | Republican | 25 | 4 Mar 1901 – 14 Sep 1901 | William McKinley |
37 | 0 | Charles W. Fairbanks | Republican | 26 | 4 Mar 1905 – 4 Mar 1909 | Theodore Roosevelt |
37 | 0 | Calvin Coolidge | Republican | 29 | 4 Mar 1921 – 2 Aug 1923 | Warren G. Harding |
37 | 0 | Lyndon B. Johnson | Democratic | 37 | 20 Jan 1961 – 22 Nov 1963 | John F. Kennedy |
37 | 0 | Gerald R. Ford | Republican | 40 | 6 Dec 1973 – 9 Aug 1974 | Richard M. Nixon |
37 | 0 | Nelson A. Rockefeller | Republican | 41 | 19 Dec 1974 – 20 Jan 1977 | Gerald Ford |
37 | 0 | Dan Quayle | Republican | 44 | 20 Jan 1989 – 20 Jan 1993 | George H. W. Bush |
37 | 0 | Joe Biden | Democratic | 47 | 20 Jan 2009 – 20 Jan 2017 | Barack Obama |